PETERSBURG — Two lawsuits have been filed in Grant Circuit Court surrounding the will of a woman who died in 2020.
One lawsuit, filed by Mark O'Reilly, as executor of the estate of Sandra Arnold against the County Commission of Grant County, alleges that Arnold executed a will on Nov. 26, 2019, that appointed him as her executor. O'Reilly alleges that she died on Aug. 22, 2020, and on Sept. 9, 2020, O'Reilly presented her 2019 will and was appointed as executor.
O'Reilly alleges that he then received a letter that said that while the county believed the will was valid, he couldn't act as executor of the estate until the party that submitted a prior will withdrew it from the county.
"The Grant County Commission, in refusing to probate the November 29, 2019, Last Will and testament of Sandra E. Arnold...is in violation of West Virginia Code, as well as public policy," the complaint states. "The Plaintiff does not have an adequate remedy at law other than this writ of mandamus to require the Grant County Commission to act as it is required."
O'Reilly is seeking a declaration that the 2019 will is valid and is to be probated. He is represented by J. Bryan Edwards of Cranston & Edwards.
The other lawsuit was filed by Wanda Travis, Brent Ebert, Richard Carr, Peggy Carr and Steven L. Evans, personally and as personal representative of James A. Evans against O'Reilly.
That lawsuit alleges that O'Reilly constantly visited Arnold and exhibited romantic gestures toward Arnold despite being a married man. They allege the 2017 will should be the one to use.
The plaintiffs in that case allege that O'Reilly took advantage of Arnold's weakened mental capacity and exerted undue influence over Arnold.
The plaintiffs are seeking for the court to revoke the 2019 will and use the 2017 will. They are represented by Jonathan G. Brill.
The cases are assigned to Circuit Judge James Courrier
Grant Circuit Court case numbers: 21-C-1, 21-C-2